Analysis of OECD WPMN Dossiers Regarding the Availability of Data to Evaluate and Regulate Risk (Dec 2016)

   ANALYSIS OF OECD SUBSTANCE TESTING PROGRAMME NANOMATERIALS DOSSIERS The Sponsorship Testing Programme of the Working Party on Manufactured Nanomaterials (WPMN) of the Organisation for Economic Co-operation and Development (OECD) started in 2007 with the aim to test a selection of 13 representative nanomaterials for many endpoints. The main objectives of the programme were to … Read More.

Amicus Curiae Brief on the Request for an Advisory Opinion by the Republic of Colombia to the Inter-American Court of Human Rights (Jan 2017)

January 18, 2017 The Center for International Environmental Law (CIEL) and the Vermont Law School Center for Applied Human Rights presented this amicus curiae brief to the Inter-American Court of Human Rights regarding the Republic of Colombia’s request for an advisory opinion in relation to the interpretation of Articles 1(1), 4(1) and 5(1) of the American … Read More.

Reset Governance: Nanomaterials as a case study on negligence (Jan 2017)

NGO demands for adequate EU governance of nanomaterials Civil society organisations renew calls for more public policy regulating human health and environmental safety of nanomaterials. The European Commission’s continuing resistance to the development of a clear regulatory framework hampers the safe use and development of nanomaterials. These materials still cannot have their hazard profiles and … Read More.

Trillion Dollar Transformation: Fiduciary Duty, Divestment, and Fossil Fuels in an Era of Climate Risk (Jan 2017)

Trillion Dollar Transformation is a collaborative initiative by Mercer and the Center for International Environmental Law (CIEL) which seeks to educate pension fund fiduciaries on the financial and legal challenges climate change presents, and equip them with the information and tools to respond. Mercer’s economic analysis demonstrates that, regardless of the response scenario, climate change … Read More.

Factsheet: Risk Assessment of Nanomaterials in a Regulatory Context (Dec 2016)

This fact sheet provides an overview of the existing risk assessment procedures for manufactured nanomaterials as well as details and comments on the most relevant on-going developments. The increasing amounts of products that contain nanomaterials give rise to concerns regarding their human health and environmental safety. Due to their small size, nanomaterials exhibit very specific … Read More.

A Compliance Check of the European Parliament’s TTIP Resolution: Public health, environment and democracy at risk (Jul 2018)

In a Resolution adopted in July 2015, the European Parliament made explicit recommendations to European Commission trade negotiators to ensure that negotiations on the Transatlantic Trade and Investment Partnership did not undermine the ability of European Member states to regulate in the public interest. The present analysis examines the conduct of the negotiations in the ensuing year to determine whether … Read More.

Glass Half Full: The State of Accountability in Development Finance (Jan 2016)

Real development respects human rights and is shaped by the people it is designed to benefit. However, ‘development’ – the way it is currently practised by Development Finance Institutions (DFIs) – in many cases has been associated with the dispossession of land, loss of resources, diminished livelihoods and environmental degradation. Each of the 758 complaints submitted over the past 21 … Read More.

Second Workshop Summary: Lifecycle perspective of nanomaterials (Dec 2015)

The second workshop organised as part of the nanotechnology project funded by the Villum Foundation and the European Commission was held on the 9th of December 2015 in Brussels. The three-year project is led by ECOS, CIEL and Öko-Institut. Marking the second year of the project, this workshop addressed lifecycle aspects of nanomaterials to an … Read More.

The Trans-Pacific Partnership and the Environment: An Assessment of Commitments and Trade Agreement Enforcement (November 2015)

On October 5, 2015, the White House issued a statement by the President on the Trans-Pacific Partnership (TPP) agreement claiming that the TPP “includes the strongest commitments on labor and the environment of any trade agreement in history, and those commitments are enforceable, unlike in past agreements.” This claim itself is unremarkable since proponents of … Read More.

Human Rights Implications of Toxic Chemicals – Issue Briefs (Sept 2015)

In conjunction with the ongoing global negotiations of the 4th International Conference on Chemicals Management (ICCM4) organized under the auspices of the United Nations Environment Programme’s Strategic Approach to International Chemicals Management (SAICM), CIEL and Ban Toxics released a series of issue briefs highlighting the human rights implications of six highly toxic pollutants. The issue briefs focus … Read More.

Preempting the Public Interest: How TTIP will Limit US States’ Public Health and Environmental Protections (Sep 2015)

Preempting the Public Interest: How TTIP Will Limit US States’ Public Health and Environmental Protections details how EU proposals for the Trans-Atlantic Trade and Investment Partnership (TTIP) would usurp US states’ authority to regulate toxic chemicals. These proposals would not only curtail states’ efforts to protect the public from toxic exposure, but also threaten any State … Read More.

Bringing community perspectives to investor-state arbitration: the Pacific Rim case (CIEL/IIED/FESPAD) (June 2015)

With over 3,000 investment treaties worldwide and a growing number of investor-state arbitrations, the need and opportunities for bringing community perspectives in investment disputes can only be expected to rise in the coming years. Civil society organisations can play an important role in carrying and strengthening community voices in arbitration processes, by making submissions to … Read More.

(Mis)Calculated Risk and Climate Change – Are Rating Agencies Repeating Credit Crisis Mistakes? (June 2015)

(Mis)Calculated Risk and Climate Change – Are Rating Agencies Repeating Credit Crisis Mistakes? demonstrates that by not adequately accounting for climate risks, rating agencies could be repeating the mistakes of the credit crisis where risk was underestimated to the detriment of the global financial system. By not factoring in climate risk, credit rating agencies are assuming … Read More.

Llevar las perspectivas de la comunidad al arbitraje entre inversionistas y Estados: el caso Pac Rim (CIEL/IIED/FESPAD) (June 2015)

Con más de 3,000 tratados de inversión en todo el mundo y un número creciente de arbitrajes entre inversionistas y Estados, resulta previsible que en los próximos años se incremente la necesidad y las oportunidades para hacer llegar las perspectivas de las comunidades a las controversias sobre inversiones. Las organizaciones de la sociedad civil pueden desempeñar … Read More.

Using International Law to Advance Womens’ Tenure Rights in REDD+ (RRI/CIEL) (June 2015)

Reducing Emissions from Deforestation and Forest Degradation (REDD+) is an international initiative  to mitigate climate change in the forest sector. It is intended to incentivize developing countries to  reduce greenhouse gas emissions from deforestation and forest degradation, as well as promote sustainable  management of forests, and conservation and enhancement of forest carbon stocks. REDD+ has … Read More.

Fact Sheet: Nanotechnology Regulation and the OECD (Jan 2015) English/French

The Organisation for Economic Co-operation and Development (OECD) is an intergovernmental organization playing a significant role in the regulation of chemicals through its Environment, Health and Safety programme (EHS). The OECD is the place where member states come together to, among other things, agree and validate test guidelines and Good Laboratory Practices (GLP) for chemicals … Read More.

Lowest Common Denominator: How the proposed US-EU trade deal threatens to lower standards of protection from toxic pesticides (January 2015)

Stronger, more progressive regulations  for the protection of health and the environment are being targeted by  industry for elimination under the Trans-Atlantic Trade and Investment Partnership (TTIP). Where stronger laws and  standards have been democratically adopted  or are even proposed—for hazardous pesticides and other chemicals on only one side  of the Atlantic, they have consistently … Read More.

Strategic Workshop on Nanotechnology: Bridging the gap between policy and science – Event Summary (Feb 2015)

The objectives and focus points of the session were summarised in the following points: Increase the capacity of civil society in understanding the challenges posed by nanomaterials (NMs) in products, including food and food contact materials Discussion of current policy and regulatory priorities Specific technical difficulties to regulate and minimise the risks of NMs Update … Read More.

Fact Sheet: Toxicity of Engineered Nanomaterials (Jan 2015)

This factsheet intends to inform interested lay persons who engage in the field of risk governance for nanotechnologies, including standardization, labelling, or regulation in a European context. It reviews currently available knowledge on nano-toxicology, in particular exposure assessment and hazard assessment of engineered nanomaterials (ENM). The factsheet aggregates information gathered from scientific literature and attempts a preliminary interpretation of the … Read More.

El desarrollo de un Sistema Nacional de Salvaguardas para REDD+ en México: Un caso para el valor de la orientación internacional (BIC, CEMDA & CIEL) (December 2014)

Conforme los países de todo el mundo hacen progresos en su preparación para REDD+ (Reducción de Emisiones por Deforestación y Degradación de los Bosques), los gobiernos nacionales pasan apuros para encontrar la manera de respetar y abordar las salvaguardas sociales, medioambientales y de gobernanza necesarias. Deben cumplir con las salvaguardas REDD+ dentro de sus contextos … Read More.

The Development of a National Safeguard System for REDD+ in Mexico: A Case for the Value of International Guidance (BIC, CEMDA & CIEL) (December 2014)

As countries around the world make progress in preparing for REDD+ (Reducing Emissions from Deforestation and Forest Degradation), national governments are grappling with how to respect and address the requisite social, environmental and governance safeguards. They must comply with the REDD+ safeguards within their national contexts, while also navigating the various standards attached to multiple … Read More.

Fugas en el sistema: Por qué la crisis de la tala ilegal en Perú impide la implementación efectiva de REDD+ (Amerasinghe & Blue Sky) (November 2014)

La tala ilegal es un problema generalizado y omnipresente en Perú: se estima que la ilegalidad alcanza un nivel de hasta 80% de la madera exportada. La tala ilegal destruye ecosistemas forestales, amenaza la biodiversidad, perjudica a las comunidades que dependen de los bosques y da lugar a graves violaciones de los derechos humanos contra … Read More.

Fact Sheet: Nanomaterials Definition (Nov 2014) English/French

Nanotechnology can generally be described as the synthesis, visualization, configuration and manipulation of atomic to molecular sized particles. This includes the manufacture, use and manipulation of materials at the nano scale. This innovative technology promises technical and economical advantages in diverse fields ranging from medicine, cosmetics and food processing, to energy production and storage, and electronics and textiles. Despite its … Read More.

Leaks in the System: Why Peru’s Illegal Logging Crisis Prevents Effective REDD+ Implementation (Amerasinghe & Blue Sky) (November 2014)

Peru provides an example of how illegal logging could undermine and in effect nullify REDD+. Without a substantial and competent legal framework in place to control current conditions, REDD+ activities will not be effective. Moreover, if projects move forward without overhauling the policy, legislative, and enforcement framework to prevent illegal logging, there will be significant risks of leakage and reversals, among other safeguards problems, in … Read More.

Submission to Norway Government Pension Fund Global Regarding Fossil Fuel Divestment (Amerasinghe & Korol) (October 2014)

The Center for International Environmental Law (CIEL) respectfully submits the following comments regarding the Norwegian Government Pension Fund Global’s (GPFG) investments in coal and petroleum companies. These investments expose Norway to legal, financial, and reputational risks inherent to the fossil fuel sector. Currently, such risks are most intense in the coal sector. Moreover, continued fossil … Read More.

Toxic Partnership Revealed (CIEL/Climate Earth/NRDC) (October 2014)

A leaked text for the Trans-Atlantic Trade and Investment Partnership (TTIP) from the European Commission shows that negotiations favor business interests over the protection of citizens’ health and the environment. The leaked “chemicals annex” closely follows the chemical industry’s agenda for TTIP to minimize regulatory differences between the US and the EU. Civil society groups … Read More.

Toward a Toxic Partnership: A critique of the EU position on chemicals under the Trans-Atlantic Trade and Investment Partnership Agreement with the US (ClientEarth & CIEL) (July 2014)

In May 2014, the European Commission disclosed to the public certain elements of their vision for “regulatory cooperation” between the EU and US on industrial chemicals under TTIP. Like the chemical industry’s proposals from which they originate, the EU’s vision for TTIP in the chemicals sector would obstruct efforts to promote the substitution of harmful … Read More.

Pac Rim Cayman LLCcontra la Republica de El Salvador, Caso CIADI no ARB/09/12, Presentacion Escrito Amicus Curiae Relativo al Fondo de la Differencia (CIEL) (July 2014)

Como fuera señalado en escrito de amicus curiae presentado por los amici en la etapa de jurisdicción y aceptado por el Tribunal, los amici son organizaciones miembros de la Mesa Nacional Frente a la Minería Metálica de El Salvador (“La Mesa”), una coalición de organizaciones comunitarias, centros de investigación, y organizaciones ambientales, de derechos humanos … Read More.

Comprehensive Land-Use Planning: A Rights-Based Approach [Discussion paper for addressing the land sector under the ADP] (June 2014)

There is an urgent need for comprehensive land-use planning planning in order to effectively address emissions from in order to effectively address emissions from the land-use sector. Whether emissions from forests and agriculture are reported together or separately, there is interplay between land-use changes, such as agricultural expansion driving deforestation. Therefore, a global climate agreement … Read More.

Re: Pac Rim Cayman LLC v. Republic of El Salvador, ICSID Case No ARB/09/12, Submission of Amicus Curiae Brief on the Merits of the Dispute (CIEL) (July 2014)

In their amicus curiae brief, amici argue that the measures adopted by El Salvador regarding the mining project proposed by Pac Rim Cayman LLC find support on the State’s international obligations on human rights and environment. In particular, human rights obligations relating to the environment require that El Salvador design and apply a legal framework to … Read More.

Managing the Unseen: Opportunities and challenges with nanotechnology (May 2014)

The potential overall impact of nanotechnologies on society has been heralded as being on- par with the industrial revolution, and few technologies have triggered as many comments, hopes, fears, and radical statements as nanotechnology. Nanoscience and nanotechnologies are revolutionizing our understanding of matter and are likely to have profound implications for all sectors of society. … Read More.

Statement of Carroll Muffett, CIEL President & CEO, “The US-EU Free Trade Agreement: Tipping over the Regulatory Barriers”, as delivered to the US House Energy and Commerce Committee Subcommitee on Commerce, Manufacturing, and Trade (May 2014)

Industry proposals to implement more stringent standards on data protection and confidential business information through the Transatlantic Trade and Investment Partnership (TTIP) negotiations would limit access to data and information, adversely affecting efforts to improve public health, consumer safety and the environment. In the case of hazardous chemicals, inventors need access to information about chemical … Read More.

Social and Environmental Implications of Nanotechnology Development in Asia-Pacific (Azoulay, Foladori and Senjin) (March 2014)

All around the world, nanotechnology is being promoted as a technological revolution that will help solve an array of problems. According to the current hype, nanotechnology promises to provide new ways of solving some of the Asia-Pacific Region’s chronic challenges, such as treating tuberculosis and malaria, making water drinkable, conserving food, and diversifying energy sources, … Read More.

Civil Society Submission to the Green Climate Fund on Accreditation, Safeguards and Fiduciary Standards (March 2014)

At the recent meeting in Bali, the Green Climate Fund’s Board instructed the Secretariat to further develop the accreditation system and safeguard standards for discussion in the May 2014 Board meeting and inputs were requested from civil society. This submission provides some initial commentary on the progress report, the accreditation system and the proposed environmental … Read More.

UNEP Compendium on Human Rights and the Environment: Selected international legal materials and cases (UNEP/CIEL) (March 2014)

The Compendium on Human Rights and the Environment takes stock of the normative and jurisprudential developments in the field of human rights and the environment. It describes international instruments that relate to human rights and the environment, such as multilateral environmental agreements, international human rights treaties, and international resolutions and declarations. Read full text.

Toxic Partnership: A critique of the ACC-CEFIC proposal for trans-Atlantic cooperation on chemicals (CIEL/Client Earth) (March 2014)

An unprecedented trade agreement is being negotiated between the European Union (EU) and the United States (US). The proclaimed aim of the proposed Trans-Atlantic Trade and Investment Partnership (TTIP) is to increase trade between the two trading blocs through the minimization of technical barriers to trade (TBTs). According to economic estimates used by the European … Read More.

«T» de tóxico? Sete coisas que todos deveríamos saber acerca das negociações para um acordo de comércio UE-EUA («TTIP» ou «TAFTA») e da regulamentação dos produtos químicos [EU Version – Portugues] (Tuncak) (February 2014)

A proteção da população contra produtos químicos tóxicos exige a intervenção do Estado. Os impactos na saúde pública associados a produtos químicos tóxicos — cancro, asma, obesidade, diabetes, problemas de conceção e de manutenção da gravidez e muitos outros — cifram-se, numa estimativa prudente, em centenas de milhares de milhões de euros por ano, suportados, … Read More.

“T” comme Toxique? Sept bonnes raisons de s’inquiéter des impacts potentiels du TAFTA sur la réglementation chimique européenne [EU Version – Francais] (Tuncak) (February 2014)

La protection du public contre les produits chimiques toxiques nécessite une action gouvernementale forte. Selon des estimations prudentes individus et les finances publiques, pas par les fabricants. Contrairement à la faiblesse du système de gestion des produits chimiques du gouvernement fédéral des États-Unis, l’Union européenne (UE) a commencé à mettre en œuvre des politiques relativement plus sévères sur lesquelles … Read More.

“T” for Toxic? Seven things everyone should know about the EU-US trade neotiations (aka “TTIP” or TAFTA”) and chemical regulation [US Version] (Tuncak) (February 2014)

Protecting the public from toxic chemicals requires government action. The vast majority of tens of thousands of chemical used in the United States (US) do not have adequate safety information. For example, less than 2 % of chemicals on the market have actually been tested for carcinogenicity. And for the several hundred with unquestionable data … Read More.

Imminent Forced Evictions of Indigenous Ngobe Families due to Barro Blanco Dam in Panama (February 2014)

The Movimiento 10 de Abril para Defensa del Rio Tabasará (M10), the Interamerican Association for Environmental Defense (AIDA), the Center for International Environmental Law (CIEL), and Earthjustice respectfully submit this urgent appeal to United Nations Special Procedures on behalf of members of the indigenous Ngöbe community who imminently face forced eviction from their land due … Read More.

“T” for Toxic? Seven things everyone should know about the EU-US trade neotiations (aka “TTIP” or TAFTA”) and chemical regulation [US Version] (Tuncak) (February 2014)

Protecting the public from toxic chemicals requires government action. The public health impacts linked to toxic chemicals—e.g. cancer, asthma, obesity, diabetes, difficulty conceiving and maintaining pregnancy, and many others—are conservatively estimated to cost the public, governments and businesses hundreds of billions of Euros per year, which is almost entirely borne by individuals and public resources, … Read More.

Climate Change and Community-Based Relocation: Supporting Adaptation, Protecting Human Rights (January 2014)

The following is a summary report from the Warsaw Dialogue, which provided an opportunity for participants with diverse perspectives on climate‐induced displacement and relocation to share their knowledge and expertise. The workshop was part of a larger initiative on climate change and community‐based relocation, which is part of the Many Strong Voices (MSV) Programme. The … Read More.

Summary of Rights-Based Developments at COP19 (December 2013)

This briefing paper analyzes key human rights issues addressed during the negotiations and in the decisions adopted at COP19 in Warsaw, Poland. Members of the Human Rights & Climate Change Working Group contributed to this paper, focusing in particular on: ambition (shortterm mitigation); Clean Development Mechanism (CDM); gender; Green Climate Fund (GCF); public participation; and … Read More.

Land and Environmental Rights Defenders in Danger: an Overview of Recent Cases (December 2013)

The term “human rights defenders” refers to women and men, who, individually or in association with others, act for the promotion and protection of others’ universally recognised human rights and fundamental freedoms, in conformity with universal and international human rights instruments. It encompasses both professional and non-professional individuals, groups and associations, who advocate for civil … Read More.

Opposition to the inclusion of investor-state dispute settlement in the Trans-Atlantic Trade and Investment Partnership (December 2013)

The undersigned organizations are writing to express our opposition to the inclusion of investor-state dispute settlement (ISDS) in the Trans-Atlantic Trade and Investment Partnership (TTIP). ISDS grants foreign corporations the right to go before private trade tribunals and directly challenge government policies and actions that corporations allege reduce the value of their investments. Even if … Read More.

Statement and oral testimony of Carroll Muffett, CIEL President and CEO, as delivered to US House Energy & Commerce Committee Subcommitee on Commerce, Manufacturing, and Trade (July 2013)

The current system for regulation of chemicals is wholly inadequate to meet the challenges posed by the modern chemicals economy. Cancer rates have increased. The amounts of chemicals in our bodies have increased. Absent greater regulatory action, they will continue to increase. This is an international public health problem that remains unsolved. Public health is … Read More.

New UNCITRAL Arbitration Rules on Transparency: Application, Content, and Next Steps (CIEL, IISD, and Vale Columbia Center) (2013)

In July 2013, the United Nations Commission on International Trade Law (UNCITRAL) adopted a package of rules aiming to ensure transparency in investor-State arbitration (the “Rules on Transparency”), ratifying the work done by delegations to UNCITRAL—comprised of 55 Member States, additional observer States and observer organizations—over the course of nearly three years of negotiations. These … Read More.

Submission on Proposed Adaptation Fund Environmental & Social Policy (September 2013)

As set forth in its proposed Environmental and Social Policy, the Adaptation Fund Board aims to establish policies and processes that, if effectively implemented, will help: prevent environmental, social and human harm; promote sustainable development; maximize participation, transparency, and accountability; and ensure consistency across projects. Once finalized, the Environmental and Social Policy should be incorporated into the … Read More.

Statement by CIEL President and CEO, on behalf of CIEL, Friends of the Earth & Sierra Club, to US House of Representatives Energy & Commerce Committee (July 24, 2013)

To protect the environmental health and safety of consumers, workers and children around the world, what is needed is not free trade agreements, but better trade agreements. Agreements that see public protection not as a competing goal but the highest goal, and leverage the power of markets to serve the global good. Agreements that enhance … Read More.

Climate Change and Human Rights: A Primer (Orellana & Johl) (REVISED July, 2013)

Summary of how climate change impacts and response measures are affecting the full and effective enjoyment of human rights; includes a summary of relevant activities and decisions taken at the Human Rights Council, UNFCCC and other policy processes. Increased attention to the human dimensions of climate change, including in the current negotiations under the UN … Read More.

The Not So Super COP: The UN is exploring how to bring together the various global chemical treaties, but the pace of change is too slow (Baskut in Chemical Watch)(June 2013)

The UN is exploring how to bring together the various global chemical treaties, but the pace of change is too slow. For the first time, the Conferences of the Parties to three principal treaties for chemicals management met in back-to-back sessions from 26 April to 10 May in Geneva. This “extraordinary” meeting of the parties … Read More.

REDD: Addressing the Drivers — A case for the WTO? (June 2013)

Throughout the REDD+ negotiations, Parties have dedicated much time and attention to both the local and national drivers of deforestation, while international and transboundary drivers, though equally significant, have received far less attention. Some Parties continue to argue that the UNFCCC cannot tackle drivers because that would interfere with trade regulations under the World Trade … Read More.

Oral comments at public hearing on the Transatlantic Trade and Investment Partnership (May 29, 2013)

Without taking further time to re-state our written comments provided on May 10, 2013 together with ClientEarth, CIEL wishes to address certain issues in other submissions that relate to the regulation of the chemical industry, transparency, and public participation. My comments today are directed towards why calls for “enhanced regulatory cooperation” on chemicals regulation between … Read More.

Paths to Global Chemical Safety: The 2020 Goal and Beyond (Tuncak, Ditz) (March 2013)

Paths to Global Chemical Safety: The 2020 Goal and Beyond analyzes global agreements for chemical safety with a special focus on SAICM and the three legally binding treaties—the Basel Convention, the Rotterdam Convention, and the Stockholm Convention. The very recent conclusion of negotiations over a treaty for mercury impeded detailed consideration of this instrument. This … Read More.

Driving Innovation: How stronger laws help bring safer chemicals to market (Full version). See also [Executive Summary] [Resume en Francais] (Tuncak) (February 2013)

Are innovation and the law at odds? A closer look shows that stronger laws for the management of hazardous chemicals help to drive innovation in chemical and product sectors. Innovation is especially relevant today as the US$ 4.1 trillion (3.1 trillion euro) global chemical industry faces increasing pressure from consumers, retailers, and investors demanding safer … Read More.

Sumission to the Ad Hoc Working Group on the Durban Platform for Enhanced Action Regarding Information, Views and Proposals Related to the Durban Platform Work Plan under Workstream I (2013)

In response to the call for information, views and proposals on the Durban Platform Work Plan, the Human Rights & Climate Change Working Group, Center for International Environmental Law, Earthjustice, Foundation for GAIA, Interamerican Association for Environmental Defense (AIDA), Planetary Association for Clean Energy, and World Council of Churches respectfully make the following submission. This … Read More.

Comments on the Analysis of the Basel Convention’s Secretariat Regarding Hazardous and other Wastes Generated on Board Ships (December 2012)

The Revised legal analysis of the application of the Basel Convention to hazardous and other wastes generated on board ships (Revised Legal Analysis) prepared by the Secretariat of the Basel Convention offers insight on the question of hazardous wastes generated on board vessels, which is an issue of significant importance to the attainment of the … Read More.

Presentación de amicus curiae en la acción de amparo interpuesta por Martin Charaja Valdez y otros en el Expediente (ERI, CIEL) (August 2012)

Este caso se trata de la falta total del Estado peruano, incluso el Instituto Geológico Minero Metalúrgico, un órgano del Ministerio de Energía y Minas, de realizar la consulta previa exigida por el artículo 6 del Convenio 169 de la Organización Internacional del Trabajo y por la Convención Americana de Derechos Humanos, antes de expedir … Read More.

“Normal Operations of a Ship” under MARPOL (Orellana) (June 2012)

The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (Basel Convention) excludes from its scope, “wastes which derive from normal operations of a ship, the discharge of which is covered by another international instrument”. This formulation raises issues relating to the interaction between the Basel Convention and the International … Read More.

Just Out of REACH: How REACH is Failing to Regulate Nanomaterials and How it Can Be Fixed (February 2012)(Azoulay) [A Japanese version is also available.]

More than three years after the European Commission’s communication on the regulatory aspects of nanomaterials, numerous questions remain regarding the practical effectiveness of existing European Union law to manage nanomaterials. REACH, the primary EU regulation on chemicals, is assumed to be the regulatory cornerstone for addressing the health, safety and environmental risks of nanomaterials. In … Read More.

Un enfoque sobre las finanzas climáticas basado en los derechos humanos (Johl & Lador) (February 2012)

En el contexto de las finanzas climáticas un enfoque basado en los derechos humanos garantiza que se tengan en cuenta consideraciones relativas a los derechos en el desarrollo, la implementación y el monitoreo de procesos e instituciones relevantes, entre ellos el recientemente creado Fondo Verde para el Clima durante la Convención Marco de las Naciones Unidas sobre Cambio … Read More.

A Human Rights-based Approach to Climate Finance (Johl & Lador) (February 2012)

In the context of climate finance, a human rights-based approach ensures that rights considerations are taken into account in the development, implementation, and monitoring of relevant processes and institutions, including the UNFCCC’s newly established Green Climate Fund. To advance rights protections in the global climate finance architecture, it is essential that climate finance mechanisms establish … Read More.

A Human Rights-Based Approach to Climate Change (Orellana) (2012)

(Page 73) This paper explores human rights standards and mechanisms relevant to addressing climate change, with a focus on human rights training and education. It also discusses how climate change policies and measures can affect a wide range of human rights recognized by international human rights law. Additionally, this paper analyzes how a human rights-based approach can help to integrate human … Read More.

US Law and the Stockholm POPs Convention: Analysis of Treaty Implementing Provisions in Pending Legislation (June 2011) (Ditz, Tuncak, and Wiser).

The Safe Chemicals Act of 2011 (S. 847), a bill introduced by Senator Frank Lautenberg to modernize US chemicals policy, includes implementing authority to permit the United States to ratify the Stockholm Convention on Persistent Organic Pollutants (POPs) and two other international agreements on dangerous chemicals. This analysis examines provisions of the bill that are … Read More.

Initial Submission of Views on Work Stream I of the Transitional Committee Regarding Environmental and Social Safeguards (CIEL/Sierra Club) (May 2011)

The Sierra Club and Center for International Environmental Law share our views on the following question posed by the Co-Chairs of Work Stream I for consideration by members of the Transitional Committee: Country-led and results-based approaches: What is needed to ensuring the country led principle alongside the application of environmental and social safeguards as well … Read More.

Analysis of Human Rights Language in the Cancun Agreements (UNFCCC 16th Session of the Conference of the Parties) (March 2011)

This paper provides an analysis of the references to human rights in the Cancun Agreements. This language is an important step towards establishing human rights protections in the international climate regime, and is largely the result of leadership from certain State Parties as well as sustained NGO pressure. Considering that the rights language in earlier … Read More.

Environmental Defenders in Dangers: The situation in Mexico and Central America in the context of the mining industry (October 2010) [Submitted as a contribution to the thematic hearing of the Inter-American Commission on Human Rights on the Situation of Environmental Defenders in Mesoamerica]

This report focuses on the plight of environmental defenders in the context of the mining sector. In recent years, the high price of gold and other precious metals on international markets has spurred increased foreign investment in mining projects in Mexico, Central America, and elsewhere in the Americas. The potential social and environmental costs of … Read More.

Palm Oil Strategy Review Comments to the World Bank Group (August 2010)

Accountability Counsel and the Center for International Environmental Law (“CIEL”) submit the following comments for consideration in the Palm Oil Sector Strategy Review. Our organizations are based in the United States and work on behalf of communities impacted by the World Bank Group’s policies and practices around the world. In particular, Accountability Counsel works with … Read More.

Comments on IFC’s Consultation Drafts of the IFC Sustainability Policy and Performance Standards and Disclosure Policy (August, 2010)

The undersigned civil society organizations believe the latest drafts of the Sustainability Policy, Performance Standards, and Disclosure Policy respond usefully to some issues raised previously by many civil society organizations, including, for example, several issues related to gender, resettlement, and climate change. Many of our most significant concerns, however, remain unaddressed, including centrally important issues … Read More.

Environmental Impact Assessments in Practice: Potential Lessons for human rights impact assessments (June 2010)

Environmental Impact Assessments (EIAs) have been a tool for social and environmental betterment for over 40 years. EIA practices can foster public engagement and democratic practices; produce valuable information that improves decision-making; enhance trans-boundary cooperation; and ultimately improve the environmental and social impacts of development. This paper looks at the various spheres of application of … Read More.

Climate Change and the Millenium Goals: The Right To Development, International Cooperation and the Clean Development Mechanism (June 2010) (Orellana) [SUR, International Journal on Human Rights]

The impacts of climate change have direct implications for the efforts of the international community in achieving the Millennium Development Goals (MDGs). At the same time, as the UN Secretary-General has observed, the MDGs should also contribute to the capacities needed to tackle climate change by providing opportunities for broader improvements in economies, governance, institutions … Read More.

EIAs in Practice: Potenital Lessons for Human Rights Impact (June 2010) (Orellana)

Human Rights Impact Assessment (HRIA) is a promising new concept/tool for protecting human rights and promoting sustainable development. Lessons learned from environmental impact assessment can assist greatly in realizing HRIA’s full potential. Environmental Impact Assessments (EIA) has been a tool for environmental and social betterment for over 40 years. EIA practices can foster public engagement … Read More.

Climate Change in the Work of the Committee on Economic, Social and Cultural Rights (Orellana, Kothari, and Chaudhry) (May 2010)

This paper at hand comes as a realization of one of the recommendations that were given at an initial workshop in January 2009, where a group of experts on environmental law, international and human rights law and representatives of human rights organizations were brought together by CIEL and Friedrich-Ebert_Stiftung (FES) to explore in-depth the impacts … Read More.

Submission by Civil Society Organizations to the International Finance Corporation, Commenting on the Social and Environmental Sustainability Policy, Performance Standards and Disclosure Policy (March, 2010)

The undersigned civil society organizations have prepared this joint submission to provide an overview of many of our concerns related to IFC’s Policy on Social and Environmental Sustainability, the Performance Standards, related guidance documents, and the Disclosure Policy. We believe these concerns should be explored and addressed further through IFC’s current consultation and review process. … Read More.

Climate Change and the Right to Development: International Cooperation, Financial Arrangements, and the Clean Development Mechanism (February 2010)

This paper was prepared by the Center for International Environmental Law (CIEL) for the High Level Task Force (HLTF) on the Implementation of the Right to Development,1 established by the Open-ended Working Group on the Right to Development created by the (former) Commission on Human Rights. This paper explores the interface between the right to … Read More.

Biodiversity & Intellectual Property Rights: Reviewing Intellectual Property Rights in Light of the Objectives of the Convention on Biological Diversity (World Wildlife Fund/CIEL) (Gonzales & Monagle) [BW01-1]

The relationship between the objectives of the Convention on Biological Diversity (CBD) and intellectual property rights (IPRs) is the subject of continuing debate. Equally controversial is the effect of the Agreement on Trade-Related Aspects of Intellectual property (TRIPS Agreement) – one of the agreements binding on Members of the World Trade Organisation (WTO) – on … Read More.

Transparency and Public Participation in WTO Dispute Settlement (December 2009)

In order to offer a comprehensive analysis of transparency and public participation in the WTO dispute settlement system, this memorandum first considers the current participatory practice throughout the various steps of the dispute settlement process. Secondly, the current state of the DSU negotiations is analyzed along with positions and arguments of relevant WTO Members. Finally, … Read More.

Testimony of Daryl Ditz before the US House of Representatives Subcommittee on Commerce, Trade and Consumer Protection, at a Hearing on “Prioritizing Chemicals for Safety Determination,” November 17, 2009.

Despite its aspirational title, the Toxic Substances Control Act (TSCA) has failed to assess, let alone guarantee, the safety of the great majority of chemicals in use today. TSCA stymies action by EPA and other agencies, perpetuates a reliance on dangerous substances, leaves businesses in the dark, and undermines U.S. competitiveness. Adopted by Congress over … Read More.

Third Quarter 2009: An International Legal Framework to Protect Traditional Knowledge and Folklore — More Talk at WIPO or Negotiations Finally Underway?

The WIPO Intergovernmental Committee on Intellectual Property, Genetic Resources, Traditional Knowledge and Folklore (IGC or Committee) has existed since 2001 to discuss and find solutions to issues on the interface between intellectual property (IP), on the one hand, and genetic resources (GR), traditional knowledge (TK) and folklore, on the other. The IGC is meant to … Read More.